Title 36 — Title 36

(a) The General Assembly finds and determines that there is a pressing need for modernization and reorganization of local government service delivery programs in many parts of the state. Both increasing population and urbanization in some areas of the state, as well as relative p…

As used in this chapter, the term: (1) ‘‘Local government unit’’ includes each county in the state, each municipality in the state, each consolidated government in the state, and each local authority in the state which operates any local government service delivery program but do…

Pursuant to Article III, Section VI, Paragraph II, subparagraph (a)(3) of the Constitution of Georgia, the General Assembly finds it to be in the public interest of the citizens of Georgia and a public purpose for counties and municipal corporations to be authorized to participat…

This chapter shall be known and may be cited as the ‘‘Enterprise Zone Employment Act of 1997.’’ History. — Code 1981, § 36-88-1, enacted by Ga. L. 1997, p. 1481, § 1. 36-88-2. Legislative findings and intent; construction.

An area designated as an enterprise zone shall remain in existence for ten years from the first day of the calendar year immediately following its designation as an enterprise zone; provided, however, that an area designated as an enterprise zone under subsection (g) of Code Sect…

The General Assembly finds and determines that there is a need for revitalization in many areas of Georgia. Revitalization will improve geographic areas within cities and counties which are suffering from disinvestment, underdevelopment, and economic decline and will encourage pr…

As used in this chapter, the term: (1) ‘‘Ad valorem tax’’ means property taxes levied for state, county, or municipal operating purposes but does not include property taxes 1362 36-88-3 imposed by school districts or property taxes imposed for general obligation debt. (2) ‘‘Busin…

(a) The following incentives are available to qualifying business and service enterprises to encourage revitalization within enterprise zones: (1) The enterprise zone property tax exemption provided in Code Section 36-88-8; (2) The occupational tax, regulatory fee, and business i…

A local governing body or bodies may designate one or more geographic areas as enterprise zones. In such enterprise zone, local ad valorem taxes, occupation taxes, license fees, and other local fees and taxes, except local sales and use taxes or any combination thereof, may be ex…

(a) In order to be designated as an enterprise zone, a nominated area shall meet at least three of the five criteria specified in subsections (b), (c), (d), (e), and (f ), or the criteria specified in subsection (g) of this Code section. In determining whether an area suffers fro…

(a)(1) Each ordinance adopted by a local government possessing an approved enterprise zone, when applicable, shall provide encouragement and incentives to increase rehabilitation, renovation, restoration, improvement for new construction for housing and the economic viability and…

(a)(1) The governing body of a local government or governments creating an enterprise zone other than an enterprise zone under subsection (g) of Code Section 36-88-6, shall include in the creating ordinance a provision to exempt qualifying business and service enterprises from st…

(a) In addition to other incentives, the local governing body or bodies creating an enterprise zone may include in the creating ordinance an exemption or abatement from occupation taxes, regulatory fees, building inspection fees, and other fees that would otherwise have been impo…

As used in this chapter, the term: (1) ‘‘Applicable rollback’’ means a: (A) Rollback of an ad valorem tax millage rate pursuant to subsection (a) of Code Section 48-8-91 in a county or municipality that levies a local option sales tax; (B) Rollback of an ad valorem tax millage ra…

In each year, the General Assembly shall appropriate funds for homeowner tax relief grants to counties, municipalities, and county or independent school districts in order to provide for more effective regulation and management of the finance and fiscal administration of the stat…

Appropriation; purpose. Appropriation to specify amount and eligible assessed value; procedures. Procedure for allotment; conditions of grant; taxpayer notice.

(a) The state revenue commissioner shall administer this chapter and shall adopt rules and regulations for the administration of this chapter, including specific instructions to local governments. The state revenue commissioner may adopt procedures for partial or installment dist…

Any credit under this chapter which is erroneously or illegally granted shall be recoverable by the political subdivision granting such credit in the same manner as any other delinquent tax. History. — Code 1981, § 36-89-6, enacted by Ga. L. 1999, p. 273, § 1. 1377 T.36, C.90 LOC…

This chapter shall be known and may be cited as the ‘‘Local Government Cable Fair Competition Act of 1999.’’ History. — Code 1981, § 36-90-1, enacted by Ga. L. 1999, p. 1267, § 1. 36-90-2. Definitions.

As used in this chapter, the term: (1) ‘‘Authorization’’ means the official act of a franchising authority to allow a public provider to deliver service. (2) ‘‘Cable service’’ means: (A) The one-way transmission to subscribers of (i) video programming or (ii) other programming se…

Definitions. Notifications to private providers before authorizing public provider; feasibility analysis and specific findings required; components of business plan; public hearings; requirements of ordinance or resolution.

(a) In providing service, a public provider shall not employ terms more favorable or less burdensome than those imposed by the public provider upon any private provider providing the same service within 1382 36-90-7 its jurisdiction with respect to franchise terms and conditions,…

On and after January 1, 2000, a public provider shall offer service at a price or rate to each subscriber which is either (1) equal to or greater than the price or rate for comparable service of competing private providers or (2) equal to or greater than the incremental direct an…

All meetings and records of public providers of a service shall be subject to the Georgia public records and public meetings laws contained, respectively, in Article 4 of Chapter 18 of Title 50 and Chapter 14 of Title 50. 1383 36-90-8 History. — Code 1981, § 36-90-7, enacted by G…

The immunity from antitrust liability afforded to local governments by the provisions of Code Sections 36-65-1 and 36-65-2 shall not apply to public providers in the offering and providing of services as defined in this chapter; and public providers shall be subject to applicable…

This chapter shall be known and may be cited as the ‘‘Georgia Local Government Public Works Construction Law.’’ History. — Code 1981, § 36-91-1, enacted by Ga. L. 2001, p. 820, § 12.

As used in this article, the term: 1411 36-91-101 (1) ‘‘Affected local government’’ means any county, municipality, or consolidated government in which water storage facilities of a project are located or proposed to be located, which will receive for local use water or services …

As used in this article, the term: (1) ‘‘Comprehensive agreement’’ means the written agreement between the private entity and the local government required by Code Section 36-91-115. (2) ‘‘Develop’’ or ‘‘development’’ means to plan, design, develop, finance, lease, acquire, insta…

(a) Prior to executing any comprehensive agreement for the development or operation of a qualifying project pursuant to an unsolicited proposal received by a local government under this article, the local government shall adopt either: (1) The model guidelines from the Partnershi…

(a) If a local government adopts a rule, regulation, or ordinance affirming its participation in the process created in this article, a private entity may submit an unsolicited proposal for a project to the local government for review and determination as a qualifying project in …

(a) The local government may approve the project in an unsolicited proposal submitted by a private entity pursuant to Code Section 36-91-113 as a qualifying project. Determination by the local government of a qualifying project shall not bind the local government or the private e…

(a) The comprehensive agreement entered into between the local government and the private entity selected in accordance with this article shall include: (1) A thorough description of the duties of each party in the completion and operation of the qualifying project; (2) Dates and…

(a) In the event of a material default by the private entity, the local government may terminate, with cause, the comprehensive agreement and exercise any other rights and remedies that may be available to it at law or in equity, including, but not limited to, claims under the ma…

All power or authority granted by this article to public entities shall be in addition and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. The limitations imposed by this article shall not affect the powers conferred…

Nothing in this article shall be construed as or deemed a waiver of the sovereign or official immunity of any local government or any officer or employee thereof with respect to the participation in, or approval of, all or any part of the qualifying project or its operation, incl…

As used in this chapter, the term: (1) ‘‘Alternate bids’’ means the amount stated in the bid or proposal to be added to or deducted from the amount of the base bid or base proposal if the corresponding change in project scope or alternate materials or methods of construction is a…

(a) It shall be unlawful to let out any public works construction contracts subject to the requirements of this chapter without complying with the competitive award requirements contained in this Code section. Any contractor who performs any work of the kind in any other manner a…

(a) The requirements of this chapter shall not apply to public works construction projects, when the same can be performed at a cost of less than $100,000.00. Public works construction projects shall not be subdivided in an effort to evade the provisions of this chapter. (b) Any …

(a)(1) Any bid bond, performance bond, payment bond, or security deposit required for a public works construction contract shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named therein. At the opti…

When a governmental entity invites competitive sealed proposals for a public works construction project and the request for proposals for such project states that price or project cost will not be a selection or evaluation factor, no bid bond shall be required unless the governme…

(a) In lieu of the bid bond provided for in Code Section 36-91-50, the governmental entity may accept a cashier’s check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of…

Definitions. PART 3 Article 2 PERFORMANCE BONDS Contracting and Bidding Requirements 36-91-20. 36-91-21. 36-91-22. 36-91-23. 36-91-24. Affiliated corporation defined; forfeit of security by affiliated corporation. Action on breach of bond. 36-91-70. Written contract required; adv…

Performance bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a performance bond for public works co…

When the amount of the performance bond required under this article does not exceed $750,000.00, the governmental entity may, in its 1404 36-91-90 sole discretion, accept an irrevocable letter of credit by a bank or savings and loan association, as defined in Code Section 7-1-4, …

The obligee in any performance bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, no action can be instituted on the bonds or security deposits after one year from …

Payment bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a payment bond for public works constructi…

(a) The contractor furnishing the payment bond or security deposit shall post on the public works construction site and file with the clerk of the superior court in the county in which the site is located a notice of commencement no later than 15 days after the contractor physica…

The official who has the custody of the bond or security deposit required by this article is authorized and directed to furnish to any person making application therefor a copy of the bond or security deposit agreement and the contract for which it was given, certified by the off…

No action can be instituted on the payment bonds or security deposits after one year from the completion of the contract and the acceptance of the public works construction by the proper public authorities. Every action instituted under this article shall be brought in the name o…

As used in this chapter, the term: (1) ‘‘Claim’’ means any demand against a local government entity for money for a loss caused by negligence of a local government entity officer or employee using a covered motor vehicle while carrying out his or her official duties or employment…